Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:699 WP No. 28493 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.28493 OF 2024 (KLR-RES)
BETWEEN:
1.
SMT HOMBALAMMA W/O NARASAPPA AGED ABOUT 77 YEARS R/O 1ST CROSS VIDYANAGARA TUMKUR 572 101
2.
T.S. NAGAIAH @ NAGAPPA S/O D.SIDDALINGAIAH AGED ABOUT 75 YEARS R/O 7TH B CROSS, 2ND MAIN ROAD HANUMANTHAPURA TUMAKURU 572 101.
3. K.HANUMANTHARAYAPPA S/O KAREHANUMANTHAIAH AGED ABOUT 82 YEARS R/O 4TH CROSS, 2ND MAIN HANUMANTHANAGARA KUVEMPU NAGARA TUMAKUR-572 101. …PETITIONERS (BY SRI.VIRUPAKSHAIAH P H, ADVOCATE) AND:
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:699 WP No. 28493 of 2024
1.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU - 560 001
2.
THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU 572 101
3.
THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION TUMAKURU 572 101
4.
THE TAHASILDAR TUMAKURU TALUK TUMAKURU DISTRICT - 572 101. …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE SIMILAR NATURE DIRECTING THE 4TH RESPONDENT AUTHORITY TO ISSUE CERTIFICATE OF REGISTRATION AND ENTER NAMES IN THE REVENUE RECORDS OF THE PETITIONER NO.1 IN RESPECT OF LAND BEARING SY. NO. 60 MEASURING TO AN EXTENT OF 01 ACRE, PETITONER NO.2 IN RESPECT OF LAND BEARING SY.
NO.60 MEASURING TO AN EXTENT OF 2 ACRE 25 GUNTAS AND PETITIONER NO.3 IN RESPECT OF LAND BEARING SY. NO.110 MEASURING TO AN EXTENT OF 1 ACRE 30 GUNTAS SITUATED AT BELAGUMBA VILLAGE KASABA EAST HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, IN TERMS OF ORDER IN CASE NO.I.N.A C R 327/70-71, 322//70-71, 321/80-81 DATED 11.06.2024 VIDE
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NC: 2025:KHC:699 WP No. 28493 of 2024
ANNEXURE-D PASSED BY 4TH RESPONDENT AUTHORITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed feeling aggrieved by the inaction on the part of respondent No.4 - Tahasildar in not issuing Certificate of Registration and mutate the petitioners’ name in terms of the order of grant. 2. Facts leading to the case are as under;
The petitioners have filed Form No.1A seeking grant of the land under the provisions of Karnataka Certain Inams Abolition Act, 1977. The Authority, after due enquiry, has granted the land in question under the provisions of Inams Act. 3. The petitioners have approached this Court, expressing their grievance over the inaction of respondent No.4, the Tahsildar, who has failed to issue the Certificate of Registration despite the grant of land being made in their favor under the provisions of the Karnataka Certain Inams Abolition
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NC: 2025:KHC:699 WP No. 28493 of 2024
Act, 1977. The failure of respondent No.4 to take timely action has created undue hardship for the petitioners, who are now unable to complete the procedural requirements for updating their records. This lack of diligence and administrative inefficiency on the part of the Tahsildar has resulted in a significant delay, causing the petitioners to seek judicial intervention. 4. The inaction of respondent No.4 has not only hindered the issuance of the Certificate of Registration but has also prevented the petitioners from securing the mutation of their names in the Record of Rights. Despite the grant order being unequivocally in favor of the petitioners, they find themselves entangled in a bureaucratic impasse. This lapse on the part of respondent No.4 exemplifies a clear case of laxity and administrative oversight, which has compelled the petitioners to approach this Court for a remedy. 5. During the hearing, the learned Additional Government Advocate (AGA), appearing on behalf of the respondents, has assured this Court that respondent No.4 – the Tahsildar will take all necessary steps to rectify the situation promptly. The
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NC: 2025:KHC:699 WP No. 28493 of 2024
AGA has further submitted that the Certificate of Registration will be issued without further delay and that all consequent steps, including the mutation of the petitioners' names in the RTC, will be undertaken at the earliest. The assurance provided by the learned AGA brings hope that issue will be resolved swiftly, ensuring the petitioners' rights are duly recognized and protected. 6.
Recording her assurance, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed.
(ii) Respondent No.4 – Tahasildar is hereby
directed to forthwith issue Certificate of Registration in respect of the petition lands to the petitioners respectively.
(iii) The consequent issuance of Certificate of Registration, respondent No.4 - the Tahasildar shall ensure that the petitioners’ names are reflected in the respective RTCs.
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NC: 2025:KHC:699 WP No. 28493 of 2024
(iv) This exercise shall be accomplished within a period of three months from the date of receipt of order copy.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 20